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HomeMy WebLinkAboutCOUNCIL MINUTES 1992-04-29 27001 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND TWENTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 29, 1992, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan and was called to order by the Vice President of the Council at 8:01 p.m. Councilman Feenstra delivered the invocation. Roll was called with the following result: Present: Fernon P. Feenstra, Sean P. Kavanagh, Michael P. McGee, Dale A. Jurcisin, and Ron Ochala. Absent: Gerald Taylor (bereavement) and Laura M. Toy (illness) . Elected and appointed officials present: Robert D. Bennett, Mayor; Harry Tatigian, City Attorney; Joan McCotter, City Clerk; Gary Clark, Assistant City Engineer; John Nagy, Planning Director; Karen A Szymula, Director of Legislative Affairs; Lee Grieve, Police Chief; Robert Bishop, City Treasurer; Suzanne Wisler, Director of Community Resources; Ism William Sturgeon, Public Works; Andrea Taylor, Arts Commission; Sue Daniel, Historical Commission; and Ellis Ehrstin, Historical Commission. On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was: #342-92 RESOLVED, that the minutes of the 1,222nd Regular Meeting of the Council of the City of Livonia, held April 15, 1992, are hereby approved as submitted The Vice President of the Council acknowledged receipt of a Veto from the Mayor, dated April 28, 1992, regarding CR 330-92 regarding the Class C License, Whispering Willows Golf Course. On a motion by Kavanagh, seconded by Jurcisin, and unanimously adopted, it was: #343-92 RESOLVED, that having considered the Veto by the Mayor, dated April 28, 1992, of Resolution #330-92 adopted by the Council on April 15, 1992, the Council does hereby readopt said Resolution #330-92 the same as if it were word for word repeated herein. 27002 On a motion by Kavanagh, seconded by Jurcisin, and unanimously adopted, it was: #344-92 RESOLVED, that the Council does hereby appropriate an additional sum of $20.00 from the Unexpended Fund Balance Account to be used in connection with the action requested in Council Resolution ##330-92 adopted on April 15, 1992, relative to obtaining an extension of escrow and/or an addition of time and/or to have the 1990 Class C license in the name of the City of Livonia approved for active operation by the Michigan Liquor Control Commission No one wished to speak during the audience communication portion at the beginning of the meeting. On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was: #345-92 RESOLVED, that having considered a citizen complaint submitted by Councilman Fernon Feenstra concerning the operation of a business in a residential district which is listed in the Business Section of the Michigan Bell Ameritech West-Northwest ILs Area White Pages, on page 17, as Barker E. L. Window Company, 35480 Curtis, Livonia, Michigan (Tel No 477-2510), the Council does hereby refer this item to the Inspection Department for its report and recommendation. A communication from the Department of Law, dated April 9, 1992, re: Golden Rings Wedding Chapel v City of Livonia Zoning Board of Appeals, Wayne County Circuit Court Civil Action No. 91-126-831-AV, was received and placed on file for the information of the Council. A communication from the Department of Finance, dated April 13, 1992, re: various financial statements of the City of Livonia for the month ending February 29, 1992, was received and placed on file for the information of the Council. On a motion by Feenstra, seconded by Jurcisin, it was: #346-92 RESOLVED, that having considered a letter from the President of B & K Development, Inc , dated March 31, 1992, expressing an interest in the purchase of certain City-owned property identified as Parcel 11990003, located in the Southeast 1/4 of Section 31, which is approximately four (4) acres in size and abuts the Whispering Winds Condominiums on Newburgh Road, the 27003 Council does hereby refer this item to the City Planning lio Department and the Parks & Recreation Department for their respective reports and recommendations. #347-92 RESOLVED, that having considered a communication from the City Planning Commission, dated April 13, 1992, which transmits its resolution 3-247-92, adopted on March 31, 1992, with regard to Petition 92-2-3-1 submitted by Zeimet/Wozniak & Associates, Inc. requesting the vacating of a portion of a 12' wide easement located west of Newburgh Road, south of Ann Arbor Trail, in the Southeast 1/4 of Section 31, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 92-2-3-1; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution #348-92 RESOLVED, that having considered a communication from the Livonia Family "Y", dated April 13, 1992, requesting permission to display a sandwich board sign, 6' x 3' in size, at the corner of Farmington and Lyndon Roads for the purpose of advertising a May 2, 1992 craft show, the approval herein requested to extend through that date, the Council does hereby approve this request in the manner and form herein submitted. #349-92 RESOLVED, that having considered the report and recommendation of the City Clerk and Chairperson of the Election Iwo Commission, dated April 10, 1992, wherein it is requested that fees with respect to voter registration lists, labels and computer tapes be increased and established as follows List: 1 cent per name Mailing Labels: 3 cents per name Computer tape of all files: $200 Cost of entire list: $200 (only applicable if entire list is purchased) The Council does hereby concur in and approve of such action. #35O-92 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, the Planning Director and the Chairperson of the Livonia Historical Commission, dated April 9, 1992, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the Planning Department to seek professional proposals for architectural services that include architectural drawings, construction documents, cost estimates for restoration, assistance with bids, negotiations and construction oversight with respect to the Friends Meeting House Restoration Project at Greenmead. tor 27004 #351-92 RESOLVED, that having considered the report and Imo recommendation of the Chief of Police, dated April 1, 1992, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein it is recommended that the Division of Police be authorized to increase costs charged to public and parochial schools, colleges, churches and charitable organizations for services rendered by reserve police officers at the rate of $8.50 per hour, and that the cost to be charged to all other such organizations for services rendered by regular police officers shall be increased and established at a rate in accordance with and the same as the salary rates provided in the current L.P O.A contract, the Council does hereby concur in and approve of such action. #352-92 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 1, 1992, which bears the signature of the Finance Director and is approved for submission by the Mayor and which indicates that no fees are charged for services rendered by the Division of Police for wholly City-sponsored events which include the following organizations Livonia Anniversary Committee Livonia Arts Commission L.O.V E. Office Wayne County Special Olympics Department of Parks and Recreation Citizens Insurance Muscular Dystrophy Run-a-thon Franklin High School Friends of the Barn Livonia Family Y Achievement Cycling Ride 9-26-81 St. Mary Hospital Heart Fund Golf Outing Allied Veterans Committee of Livonia Memorial Day Parade The Council does hereby refer this item to the Finance and Insurance Committee for its report and recommendation. #353-92 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 1, 1992, which bears the signature of the Finance Director and is approved for submission by the Mayor, and to which is attached proposed fee changes to be charged by the Department for the services set forth in Attachment 1, the fees which are charged in connection with Freedom of Information requests as set forth in Attachment 3 and for fees to be charged for information that can only be obtained through the computer, as shown in Attachment 4, the Council does hereby concur in and approve of the recommended fees as set forth in Attachments 1, 3 and 4. 27005 A communication from the Department of Law, dated April 1, 1992, Limre: designating the Livonia Anniversary Committee as the official and authorized organization to conduct and present annual "Spree" celebrations on a continuing basis, was received and placed on file for the information of the Council. (CR 226-92) #354-92 RESOLVED, that having considered the report and recommendation of the City Attorney, dated April 1, 1992, approved by the Finance Director and the President of the Livonia Anniversary Committee, Inc , approved for submission by the Mayor, and submitted pursuant to Council Resolution 226-92 in connection with the updating and/or redrafting of a proposed resolution wherein the City Council would indicate its approval on a continuing basis of the participation of the Livonia Anniversary Committee, Inc. , in the presentation of annual "Spree" celebrations, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A communication from the Department of Law, dated April 10, 1992, re: levy of Special Assessments on properties located outside of a Special lio Assessment District, was received and placed on file for the information of the Council (CR 295-92) #355-92 RESOLVED, that having considered the report and recommendation of the City Attorney, dated April 10, 1992, and submitted pursuant to Council Resolution 295-92 with regard to the status of the law with regard to the levy of Special Assessments on properties located outside of a Special Assessment District, as well as with respect to the procedure of the levy of assessments by consent, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation #356-92 RESOLVED, that having considered the report and recommendation of the Assistant Planning Director, dated April 3, 1992, approved for submission by the Mayor, and to which is attached a report containing a brief explanation of the 1992-93 Community Development Block Grant (CDBG) Program, the Council does hereby take this means to indicate its informal approval of the proposed program and budget and does further authorize the conducting of a public hearing on this matter for public comment so that thereafter a final program and budget will be prepared for submission to the City Council. 27006 #357-92 RESOLVED, that in accordance with the provisions set Ihm forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934; MCLA 125.584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, June 3, 1992 at 7:30 p.m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item: Petition 92-1-1-2, submitted by Leo Soave for nine property owners for a change of zoning on property located north of Orangelawn Avenue, west of Farmington Road in the Northeast 1/4 of Section 33, from RUF to R-1A, the City Planning Commission in its resolution 3-241-92 having recommended to the City Council that Petition 92-1-1-2 be approved; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days L prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. A roll call was taken on the foregoing resolutions with the following result: AYES: Feenstra, Kavanagh, McGee, Jurcisin, and Ochala. NAYS: None. On a motion by McGee, seconded by Jurcisin, and unanimously adopted, it was: #358-92 RESOLVED, that having considered the report and recommendation of the Water Supply, Drainage, Sewage & Waste Disposal Study Committee, dated April 22, 1992, and submitted pursuant to Council Resolution 483-91 with regard to the procurement of geotechnical services for the City landfill, and Ifts having also considered the report and recommendation of the Director of Public Works and City Engineer, dated February 4, 1992, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the 27007 proposal of GZA GeoEnvironmental, Inc , 38019 Schoolcraft Road, Livonia, Michigan 48150, to provide all geotechnical services described in a proposal dated November 4, 1991 and the Groundwater and Surface Water Monitoring Work Plan, dated August 26, 1991, for the City Type III Sanitary Landfill for a sum not to exceed $43,896.05, based upon an estimate of units involved and subject to a final payment based upon actual units completed; and a sum not to exceed $43,896.05 is hereby appropriated and authorized to be expended from the Unexpended Fund Balance Account of the Refuse Fund for this project; and the Council does hereby authorize the said item without competitive bidding for this professional Engineering Service in accordance with Section 3.04.140D2 of the Livonia Code of Ordinances, as amended; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid firm and to do all other things necessary or incidental to the full performance of this resolution. Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 210, 220, 340 AND 350 OF CHAPTER 08 (ELECTION PRECINCTS) OF TITLE 1 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of LOrdinances in the office of the City Clerk, and is the same as if word for word repeated herein. Feenstra invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: Feenstra, Kavanagh, McGee, Jurcisin, and Ochala. NAYS: None. The Vice President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was: 27008 #359-92 RESOLVED, that having considered the report and recommendation of the City Treasurer and the City Assessor, dated April 14, 1992, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize a two-year lease agreement with Lanier Worldwide, Inc. , 38701 West Seven Mile Road, Suite 260, Livonia, Michigan 48152, for the use of a Lanier 6525 for a total price of $230.75 per month, which machine will be jointly used and operated by the Treasurer's Office and the Assessor's Office; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3.04.140D5 of the Livonia Code of Ordinances, as amended On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was: #360-92 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, Planning Director and Chairperson of the Historical Commission, dated April 9, 1992, approved by the Finance Director and approved for submission by the Mayor, to which is attached a proposed contract between the City of Livonia and Kirkarchitecture Inc for the preparation of construction documents for restoration of the Garage and Chicken Coop and construction administration for actions on the aforementioned structures in the Greenmead Imo Farmstead Complex as documented in the architecture survey of the Greenmead Farmstead Complex, dated March 1, 1991, and which contract provides for a maximum not-to-exceed limit of $4,000 ($3,600 for services, $400 for reimbursables and additional expenses), the Council does hereby approve the said contract in the manner and form herein submitted and authorizes the Mayor and City Clerk for and on behalf of the City of Livonia to execute the said contract as well as to do all other things necessary or incidental to the full performance of this resolution; FURTHER, the Council does hereby authorize the said item in accordance with Section 3 04. 140D2 of the Livonia Code of Ordinances, as amended. On a motion by Jurcisin, seconded by McGee, it was: RESOLVED, that having considered a letter from the Liquor Control Commission, dated February 18, 1992, and the report and recommendation of the Chief of Police, dated March 25, 1992, the Council does hereby approve of the request from Elias D Leobbos and Neaman Y. Leobbos, Partners, for a transfer of ownership of 1991 SDM licensed business from Elias Party Store, Inc. , for a business located at 36274 Five Mile Road, Livonia, Michigan, Wayne County 48154; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission 27009 On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: #361-92 RESOLVED, that having considered a letter from the Liquor Control Commission, dated February 18, 1992, and the report and recommendation of the Chief of Police, dated March 25, 1992, regarding a request from Elias D. Leobbos and Neaman Y. Leobbos for a transfer of ownership of 1991 SDM licensed business from Elias Party Store, Inc. , located at 36274 Five Mile Road, Livonia, Michigan 48154, Wayne County, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. A report from the Inspection Department, dated April 27, 1992, re: violations/property conditions at Elias Party Store, Inc , 36274 Five Mile, was received and placed on file for the information of the Council. On a motion by McGee, seconded by Jurcisin, and unanimously -Tow adopted, it was: 4of #362-92 RESOLVED, that having considered a communication from Imo the City Planning Commission, dated April 13, 1992, which transmits its resolution 3-244-92, adopted on March 31, 1992, with regard to Petition 92-2-2-7, submitted by Feng Zhi Yuan, requesting waiver use approval to operate a carry-out restaurant within an existing shopping center located on the south side of Ann Arbor Road between Ann Arbor Trail and West Chicago in the Northeast 1/4 of Section 31, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 92-2-2-7 is hereby approved and granted, subject to the limitation of no more than 12 seats. On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was: #363-92 RESOLVED, that having considered a communication from the City Planning Commission, dated April 13, 1992, which transmits its resolution 3-245-92, adopted on March 31, 1992, with regard to Petition 92-2-2-8, submitted by Livonia Jaycees, requesting waiver use approval to hold their annual Spring Carnival at Ladbroke DRC located at the southeast corner of Schoolcraft Service Drive and Middlebelt Road in the Northwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 92-2-2-8 is hereby approved and granted, subject to the following condition: 2701 0 That all truck parking, temporary housing units and all LID other related transportation equipment and apparatus relating to the operation of the carnival shall be parked or stored on DRC property adjacent to the carnival site. On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was: #364-92 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated April 15, 1992, approved by the City Attorney and approved for submission by the Mayor, and to which is attached a revised Wastewater Discharge Ordinance Delegation Agreement between the City of Livonia and the City of Detroit, the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute the attached agreement in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution. On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was: #365-92 RESOLVED, that in view of the temporary incapacitation 110 of Council President Laura M Toy, the Council does hereby determine that effective April 20, 1992 and until further notice during the Council President's absence or disability, that Council Vice-President Ron Ochala shall assume and exercise all the powers and duties of the Council President, the action herein being taken in accordance with the provisions set forth in Section 2.04.070 of the Livonia Code of Ordinances, as amended; FURTHER, the Council does hereby take this means to wish Council President Toy a speedy and successful recovery. On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: #366-92 RESOLVED, that having considered a communication from the City Planning Commission, dated March 4, 1992, which sets forth its resolution 2-232-92 adopted on March 3, 1992 with regard to Petition 91-12-1-24, submitted by Jonna Companies (Christine Jonna Piligian and Michael J. George) for a change of zoning on property located on the west side of 1-275, east of Haggerty Road, north of Seven Mile Road, in the Southwest 1/4 of Section 6 from M-1 to PO-II; PO & M-1 to ML; M-1 to C-1; PO to C-2; and OS & C4-III to C-2, and the Council having conducted a public hearing with regard to this matter on April 22, 1992, pursuant to Council Resolution 196-92, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 91-12-1-24 is hereby approved and granted; and the 2701 1 City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: #367-92 RESOLVED, that the Council does, in accordance with Section 23.01(a) of Zoning Ordinance 543, as amended, request that the City Planning Commission conduct a public hearing and thereafter submit a report and recommendation on a proposal to rezone certain property to the C-2 zoning classification, which property abuts and is located on the north side of Seven Mile Road, east of Haggerty Road and west of I-275 and is presently owned by Jonna Companies and was, in Petition 91-12-1-24, proposed to be rezoned from M-1 TO C-1. On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was: #368-92 RESOLVED, that having considered a communication dated April 23, 1992, from the Department of Law transmitting for - Council acceptance a Quit Claim Deed, more particularly described as: Quit Claim Deed dated April 10, 1992, executed by John C. Auffenberg, Secretary, Livonia Volkswagen, Inc. , a Michigan Corporation, for the following property described as: That part of Lot 76 Supervisors Livonia Plat No. 1, T.1S , R.9E. , Liber 65, Page 52 of Wayne County, Michigan; described as beginning at the N.E. corner of said Lot 76, and proceeding thence due south, 12.00 ft. ; thence N. 56°14'46" W , 21.65 ft. to a point on the north line of Lot 76; thence S. 89°54'30" E. , 18.00 ft. to the Point of Beginning. Parcel No. 130-01-0076-004 Plymouth Road Right-of-Way the Council does hereby, for and on behalf of the City of Livonia, accept the aforesaid Quit Claim Deed; and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On by Jurcisin, seconded by McGee, and unanimously adopted, i 2701 2 #369-92 RESOLVED, that the Council does hereby suspend their 16 rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of an item that does not appear on the agenda. On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was: #370-92 RESOLVED, that having considered a letter from the Chairman of Trainorama of the Redford Model Railroad Club, dated April 22, 1992, wherein permission is requested to place a temporary, portable, 4' x 4' unlit non-rotating, non-flashing, and non-illuminating frame-style sign on the corner of Farmington and Lyndon Roads for a one-week period beginning May 2, 1992 for the purpose of publicizing a model railroad and "railroadiana" flea market to be conducted at the Eddie Edgar Arena on May 9, 1992, the Council does hereby approve and grant this request in the manner and form herein submitted. Elias D. Leobbos, 14234 Lanson, Dearborn, MI 48126, spoke during the audience communication portion re: tonight's Agenda Item 16 - transfer of ownership of 1991 SDM licensed business. On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, this 1,223rd Regular Meeting of the Council of the City of Livonia was adjourned at 8:38 p.m. , April 29, 1992. Vli Jq -n McCotter, City Clerk 1L.